Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 36/08
Hearing date 29 Jan 2008
Determination date 09 April 2008
Member H Doyle
Representation K Murray ; I Riach
Location Christchurch
Parties Bradford v Yellow Rocket Northlands Ltd
Summary UNJUSTIFIED DISMISSAL – Respondent argued applicant abandoned employment – Applicant had dispute with co-worker (“S”) that created difficulties at workplace – Respondent met with applicant in public part of workplace to discuss dispute with S – Authority satisfied meeting place not ideal but no private place for discussion and satisfied co-workers did not hear discussion – Applicant told respondent that picked on by S and S’s behaviour disrespectful – Respondent asked applicant if wanted to leave – Respondent’s evidence preferred – Authority satisfied respondent did not tell applicant to leave – Authority rejected applicant’s argument that required to remove company t-shirt in public area – Authority found applicant not directed to leave workplace – Applicant claimed escorted off workplace by respondent – Authority found not unreasonable of respondent to attempt some further dialogue while applicant leaving – Authority found applicant not dismissed by respondent’s words or conduct – No unjustified dismissal – ARREARS – Respondent confirmed would pay outstanding holiday pay – Caf� assistant
Result Application dismissed ; Costs reserved
Main Category Personal Grievance
Statutes ERA s4A
Number of Pages 12
PDF File Link: ca 36_08.pdf [pdf 48 KB]